"Aquatic pesticide" means any pesticide that contains labeling instructions indicating
that the pesticide is intended for use on aquatic sites, except
for those uses listed below. If a pesticide label contains both
exempted and non-exempted aquatic uses, the pesticide shall
still be considered an aquatic pesticide for the purposes of
this chapter:

1. Pesticides labeled only for flushing down
toilets or to be directly applied to water or sewer pipes,
for use in controlling tree roots inside those pipes;
2. Pesticides labeled only for use in cooling towers;
3. Pesticides labeled only as algaecides for use in swimming
pools, hot tubs, ornamental ponds, fountains, fish tanks,
or water beds. These sites are an artificial, self-contained
water with no inlet from or outlet to "natural"
water and with label statements prohibiting such discharge;
or
4. Algaecides labeled only for use in water treatment plants,
waste water treatment plants or sewerage treatment plants.

"Aquatic site" means those
areas meeting the definition of "waters of the state"
or "wetland."

"Community or area wide" means
any pesticide application performed on aggregate areas greater
than three acres of land or water which is either part of a
pesticide control program performed or contracted by a government
agency or is performed by, or contracted for, one person who
has control over the use of the land to which the pesticide
is applied.

"Drainage ditch" means a linear
topographic depression with bed and banks of human construction
which is used to remove surface water or ground water from the
land, including control of runoff to minimize erosion and sedimentation
before and after construction or development. This does not
include channelized or redirected natural water courses. See
N.J.S.A. 7:7A-1.4 and N.J.A.C. 7:50-2.11 for definitions of
"drainage" and "ditch."

"Person" means and shall include corporations,
companies, associations, societies, firms, partnerships, and
joint stock companies as well as individuals, and shall also
include all political subdivisions of this state or any agencies
or instrumentalities thereof.

"Pinelands" means those lands
defined in N.J.A.C. 7:50-6.

"Significant risk of harm, injury or
damage" means a potential for harm, injury or damage
which is not purely remote or highly speculative, but capable
of being perceived or recognized based on the location, type
and amount of pesticide involved, and available scientific information
about the pesticide and its effects on persons, property, and
the environment.

"Water" or "waters
of the State" means the ocean and its estuaries, all
springs, streams, and bodies of surface or ground water, whether
natural or artificial, within the boundaries of the State or
subject to its jurisdiction.

"Wetland" means a freshwater
wetland pursuant to N.J.S.A. 13:9B-3, a coastal wetland pursuant
to N.J.S.A. 13:9A-2 or any wetlands located within the jurisdiction
of the Hackensack Meadowlands Commission pursuant to N.J.S.A.
13:17-1 et seq., or the Pinelands Commission pursuant to N.J.S.A.
13:18A-1 et seq.

7:30-9.3 Aquatic pesticide permits

(a) No person shall apply an aquatic pesticide
on any aquatic site without having obtained an aquatic pesticide
permit for an aquatic application from the Department prior
to the intended date of application.

(b) An aquatic pesticide permit shall not be
required if the application is to aquatic sites which are not
used as a source of potable water and:

1. The application is made to waters which
have no outlet and which are bounded by land wholly owned
or rented, and controlled, by one person;
2. The application is made for the control of mosquitoes or
flies and the application procedure requires approval pursuant
to the provisions of N.J.A.C. 7:30-9.2(a) or the application
is made by the appropriate lead agency operating under the
provisions of the Mosquito Extermination statutes (N.J.S.A.
26:9-1 et seq.);
3. The application is made to retention basins, drainage ditches
with no water flow, and similar sites that are designed to
collect and retain water for percolation back into the ground,
where there is no normal outflow into natural waterways; or
4. The application is made with an aquatic pesticide which
qualifies as a "minimum risk" pesticide exempted
from regulation by N.J.A.C. 7:30-2.1(m)5.

(c) Applications for an aquatic pesticide permit
shall be made on forms supplied by the Department at least 30
days prior to the intended application date.

1. Any information requested on the form shall
be submitted.
2. The Department may request any pertinent additional information
which it deems necessary to evaluate the application.
3. The Department may require the submission of a report addressing
the effectiveness of the treatment and any environmental effects
as a condition for approval. The person performing the application
shall submit such information to the Department at the time
and in the format as specified on the approved aquatic pesticide
permit.
4. The applicant shall notify the Department in writing of
any proposed changes in the approved aquatic pesticide permit
and receive written approval for such changes prior to making
any applications.

(d) Failure to submit any requested information
or the falsification of any information may result in the denial
or revocation of an aquatic pesticide permit.

(e) All conditions for approval specified in
an aquatic pesticide permit shall be fulfilled.

(f) A $75.00 fee may be charged for each aquatic
pesticide permit.

(g) The Department may waive the formal requirements
of (c) above if the Department determines there is an emergency
situation that warrants expedited review (see the definition
of "emergency" in N.J.A.C. (7:30-1.2). This provision
shall be exercised only if the information necessary to adequately
review the permit is on file with the Department.

(h) The Department will respond to any application
for an aquatic pesticide permit within 30 days after the Department
receives all the information deemed necessary to evaluate the
application.

(i) An aquatic pesticide permit shall not be
transferable.

7:30-9.4 Aquatic notification

(a) No application of an aquatic pesticide which
requires an aquatic pesticide permit shall be made without the
following notification provisions being carried out by the applicator
or applicator business:

1. The applicator or applicator business shall
provide the contracting party (person or organization requesting
treatment) with pretreatment notification. This notification
shall be provided in writing and prior to any treatments being
made.
i. The contracting party shall be given sufficient time to
review and take appropriate precautions, if needed, to minimize
potential exposure to the treated water by any person, pet,
domestic animal or irrigated plant life.
2. The pretreatment notification shall consist of the following:
i. A copy of the approved aquatic pesticide permit;
ii. Label instructions of the aquatic pesticide(s) to be used
relating to resident or general public safety, including safety
precautions and any water use restrictions. A copy of the
label of the pesticide(s) approved for use, with the appropriate
sections highlighted, may be used for this requirement;
iii. The telephone number of the National Pesticide Telecommunications
Network for general health and pesticide toxicology information
and the New Jersey Poison Information and Education System
telephone number for emergency situations;
iv. The telephone number of the Pesticide Control Program
and the statement: "This number for pesticide regulation
information, pesticide complaints and health referrals";
v. A statement that a copy of the label(s) for the pesticide(s)
approved for use will be provided, if requested by the contracting
party, prior to any treatment using that pesticide;
vi. A statement that the exact date of each treatment will
be provided prior to the treatment, if requested by the contracting
party.

(b) If the contracting party requests a copy
of the label(s) for the pesticide(s) approved for use, or the
exact date(s) of treatment, such information shall be provided
by the commercial applicator or applicator business.
1. The contracting party shall be given sufficient time to review
and take appropriate precautions, if needed, to minimize potential
exposure to the treated water by any person, pet, domestic animal
or irrigated plant life.

(c) Prior to the start of any treatment, signs
shall be posted on the shoreline of all treated aquatic sites
as specified below. The commercial applicator or applicator
business shall be responsible for the posting and removal of
the signs, except that the applicator or applicator business
may delegate to the contracting party, in writing, the removal
of the signs.

1. Signs shall be printed on a minimum of
90 weight paper and shall contain the statement "PESTICIDE
TREATED WATER", in letters a minimum of one inch in size;
and
2. Signs shall contain the brand name of the pesticide, date
of application and all water use restrictions pertaining to
the pesticide(s) used on that date. For each water use restriction,
the length of time that water use is restricted is also required.
If there is a total prohibition of a specific water use, that
prohibition shall also be stated;
3. Signs shall contain the name and telephone number of the
commercial applicator or applicator business to contact for
additional information; and
4. For (c)2 and 3 above, the printing shall be legible to
a person standing in front of the sign at a distance of three
feet;
5. The signs shall remain legible and posted until the greatest
time restriction for the use of the treated water has passed,
but for a minimum of at least three days.
i. If there are water use restrictions on the sign that have
no time limit, such as the total prohibition of a specific
water use, the signs shall remain legible and posted for 30
days;
6. The signs shall be posted in such a manner that they are
legible from the principle and common access points to the
treated aquatic site.
i. For golf course aquatic sites, the signs may be posted
at the starting tees instead of at each treated aquatic site.
If posted at the starting tees, each hole that has a treated
aquatic site shall be listed. This posting may be incorporated
into the signs used for the notification of turf and ornamental
applications as per N.J.A.C. 7:30-9.13(c);
ii. In a treated area without a defined shoreline, a sign
shall be posted at the principal access point(s) to the area,
instead of along the shoreline.

(d) If specific users of the treated water will
be impacted by a water use restriction related to potable water
use, irrigation, or stock watering, those users shall be provided
by the applicator or applicator business, the same pretreatment
notification specified in (a) and (b) that shall pertain to
the contracting party. These specific users shall include, but
not be limited to, those located downstream of the aquatic site
treated, under circumstances where movement of the pesticide
downstream may be reasonably foreseen.

1. A written record of those notified as per
this subsection shall be kept on file by the applicator or
applicator business and shall be immediately available upon
request by the Department.

(e) Notification of community or area wide applications,
as specified in N.J.A.C. 7:30-9.10, is required for treatments
of aquatic sites greater than an aggregate of three surface
acres.

(f) The applicator or applicator business is
exempt from the provisions of (a) above with regard to the contracting
party if the contracting party signs a waiver which states that
the written information is declined:

1. Such waiver shall be worded as follows:
"I have been told that I have the right to receive notification
information as outlined in N.J.A.C. 7:30-9.4(a). I decline
to receive the information until such time as I withdraw this
waiver by notifying the applicator or applicator business
in writing." Signed_______________
2. The waiver may be withdrawn by the contracting party at
any time by notifying the applicator or applicator business,
in writing.
3. Waivers shall be kept by the applicator or applicator business
on file for at least three years.
4. Waivers shall be provided to the Department immediately
upon request.
5. Waivers do not relieve the applicator or applicator business
from responsibility to transmit appropriate warnings or precautions
to appropriate persons pursuant to N.J.A.C. 7:30-10.2. Waivers
are for the contracting party and his property only. This
waiver in no way affects notification information which shall
be given to others or posted to notify others.